Pregnancy discrimination in the workplace is illegal under federal and California laws. Despite these protections, many employees still face unfair treatment, including demotions, denied accommodations, or even termination due to pregnancy or related conditions.
If you’ve experienced pregnancy discrimination, preserving records and gathering testimonials can help you build a strong case. Contact PLBH at (800) 435-7542 for a free legal consultation.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfairly due to pregnancy, childbirth, or related medical conditions. This discrimination can take many forms, including:
- Refusing to hire or promote someone due to their pregnancy
- Denying reasonable accommodations for pregnancy-related needs
- Harassing or creating a hostile work environment for pregnant employees
- Retaliating against employees for requesting maternity leave or other pregnancy-related rights
Legal Protections Against Pregnancy Discrimination
Federal and state laws protect employees from pregnancy discrimination, including:
- The Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy or related conditions in any aspect of employment.
- California’s Fair Employment and Housing Act (FEHA): Provides broader protections, including accommodations for pregnancy-related disabilities.
- The Family and Medical Leave Act (FMLA): Ensures eligible employees can take job-protected leave for childbirth or related conditions.
Steps to Preserve Evidence of Pregnancy Discrimination
To take action against pregnancy discrimination, collecting and preserving evidence is essential.
1. Document Incidents in Detail
Keep a journal that includes:
- Dates, times, and locations of discriminatory incidents
- Specific comments, actions, or decisions made by your employer or coworkers
- The impact of these actions on your job or well-being
2. Save Written Communication
- Retain emails, memos, or text messages that show discriminatory behavior or refusal of accommodations.
- Keep documentation of requests for accommodations and your employer’s responses.
3. Preserve Employment Records
- Save performance reviews, attendance records, and pay stubs to demonstrate your qualifications and work history.
- Retain any formal complaints you’ve submitted about the discrimination.
4. Collect Witness Statements
- Identify coworkers or colleagues who witnessed the discrimination or unfair treatment.
- Ask willing witnesses to provide written or verbal statements to support your claim.
5. Understand Company Policies
- Review your employer’s anti-discrimination policies and procedures.
- Compare the policies to your employer’s actions to highlight any inconsistencies.
Building a Strong Case with Testimonials
Testimonials from coworkers or other witnesses can significantly strengthen your pregnancy discrimination case.
How to Gather Effective Testimonials
- Speak to Witnesses: Identify individuals who observed the discriminatory actions or were present during key conversations.
- Request Written Statements: Ask witnesses to detail what they saw or heard in writing, including specific incidents and dates.
- Maintain Confidentiality: Ensure that witnesses feel safe and protected from retaliation for supporting your claim.
Filing a Complaint for Pregnancy Discrimination
If preserving records and gathering evidence reveals that you’ve been subjected to discrimination, take the following steps:
Report the Discrimination Internally
- File a formal complaint with your employer’s HR department.
- Document the complaint and any actions or responses from your employer.
File a Complaint with Government Agencies
If your employer fails to resolve the issue, file a complaint with:
- The Equal Employment Opportunity Commission (EEOC): For violations under the Pregnancy Discrimination Act.
- The California Civil Rights Department (CRD): For violations of state-specific protections under FEHA.
Consult an Employment Attorney
An experienced employment attorney can guide you through the process, help you file a complaint, and ensure your rights are protected.
Compensation Available in Pregnancy Discrimination Cases
If your claim is successful, you may be entitled to compensation for:
- Lost Wages: Recovery of income lost due to termination, demotion, or reduced hours.
- Emotional Distress: Compensation for mental anguish caused by discrimination.
- Punitive Damages: In cases of severe or intentional discrimination.
- Reinstatement: Returning to your original position or receiving a comparable role.
How PLBH Can Help
At PLBH, we understand the challenges employees face when dealing with pregnancy discrimination. Our experienced attorneys are committed to helping you gather evidence, file complaints, and secure the compensation and justice you deserve.
Take Action Today
Pregnancy discrimination is unacceptable, and you don’t have to face it alone. If you’ve been treated unfairly due to pregnancy or related conditions, contact PLBH at (800) 435-7542 for a consultation. We’ll work with you to protect your rights and hold your employer accountable.